1[539A. Affidavit in proof of conduct of public servant.(1) When any application is made to any
Court in the course of any inquiry, trial or other proceeding under this Code, and allegations are made
therein respecting any public servant, the applicant may give evidence of the facts alleged in the application
by affidavit, and the Court may, if it thinks fit, order that evidence relating to such facts be so given.
An affidavit to be used before any Court other than a High Court under this section may be sworn or
affirmed in the manner prescribed in Section 539, or before any Magistrate.
Affidavits under this section shall be confined to, and shall state separately, such facts as the deponent is
able to prove from his own knowledge and such facts as he has reasonable grounds to believe to be true,
and, in the latter case, the deponent shall clearly state the grounds of such belief.
(2) The Court may order any scandalous and irrelevant matter in an affidavit to be struck out or
amended.]
[539B. Local inspection.(1) Any Judge or Magistrate may at any stage of any inquiry, trial or other
proceeding, after due notice to the parties, visit and inspect any place in which an offence is alleged to have
been committed, or any other place which it is in his opinion necessary to view for the purpose of properly
appreciating the evidence given at such inquiry or trial, and shall without unnecessary delay record a
memorandum of any relevant facts observed at such inspection.
2
(2) Such memorandum shall form part of the record of the case. If the Public Prosecutor, complainant or
accused so desires, a copy of the memorandum shall be furnished to him free of cost 3[.]
4
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540. Power to summon material witness or examine person present. Any Court may, at any stage of
any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any
person in attendance, though not summoned as a witness, or recall and reexamine any person already
examined; and the Court shall summon and examine or recall and reexamine any such person if his
evidence appears to it essential to the just decision of the case.
[540A. Provision for inquiries and trial being held in the absence of accused in certain cases. (1)
At any stage of an inquiry or trial under this Code, where two or more accused are before the Court, if the
Judge or Magistrate is satisfied, for reasons to be recorded, that any one or more of such accused is or are
incapable of remaining before the Court, he may, if such accused is represented by a pleader, dispense with
his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the
proceedings, direct the personal attendance of such accused.
5
1 S. 539A ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 150.
2 S. 539B ins. by Act 18 of 1923, s.150.
3 Subs. by Ordinance 12 of 1972, s.2 and Sch., for colon.
4 Proviso omitted ibid.
5 Section 540A ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 151.
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